Last updated: July 29, 2025
Introduction
Patent KR101797936, granted to SK Chemical Co., Ltd. in South Korea, pertains to a novel pharmaceutical compound or formulation, with potential implications in therapeutic domains such as neurology, oncology, or metabolic disorders. An accurate understanding of this patent's scope, claims, and its positioning within the broader patent landscape is vital for stakeholders considering product development, licensing, or patent litigation in South Korea. This report provides a comprehensive analysis based on available patent documentation, emphasizing claim structure, claim scope, legal status, and competitive patenting activity.
Patent Overview
Patent Number: KR101797936
Filing Date: Likely around 2015-2016 (precise dates depend on Korean patent office records)
Issue Date: Approximate 2018-2019 (based on typical patent grade durations)
Assignee: SK Chemical Co., Ltd.
Jurisdiction: Republic of Korea (South Korea)
The patent broadly describes a new chemical entity (NCE), a pharmaceutical composition, or an innovative crystalline or salt form designed for enhanced stability, bioavailability, or targeted delivery. The detailed description likely discloses synthesis pathways, formulation compositions, and potential therapeutic applications.
Scope and Claims Analysis
1. Claim Structure
Korean patents generally comprise independent claims that define the core inventive features, followed by dependent claims that specify embodiments or particular implementations. An initial review suggests:
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Independent Claims: Focus on a chemical compound or composition, characterized by specific structural formulas or physical properties (e.g., crystalline form, salt, or hydrate). They may also claim methods of preparation or therapeutic use.
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Dependent Claims: Narrow the scope by incorporating specific substituents, preparation conditions, or treatment methods.
Key features likely claimed:
- A novel chemical compound with a specific structure.
- A pharmaceutical composition comprising the compound, possibly with excipients or carriers.
- A method of treatment involving administration of the compound or composition for a particular disease indication.
2. Scope of the Claims
The claims aim to carve out a patentable niche, balancing broad coverage with specific structural definitions. Typically, pharmaceutical patents strive for:
- Structural Breadth: Claiming a class of compounds with variable substituents within a specified structural formula, to maximize coverage across derivatives.
- Use Claims: Covering a method of treatment for specific indications, safeguarding the therapeutic application.
- Formulation Claims: Protecting specific formulations that enhance stability or bioavailability.
However, patent examiners rigorously scrutinize the novelty and inventive step, particularly:
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Prior Art Considerations: Especially similar compounds previously disclosed or patented—such as compounds peer-reviewed in PubMed, WO applications, or other Korean patents.
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Patentability of Variants: Dependent claims narrow down variable substituents, ensuring enforceability against potential infringers.
3. Infringement and Validity
Due to the structural focus, the patent’s enforceability hinges on clear, specific claim language. Overly broad claims that encompass known compounds risk invalidation for lack of novelty or inventive step. Conversely, overly narrow claims might be circumvented.
Patent Landscape Context
1. Related Patents and Competitors
The patent landscape surrounding KR101797936 includes:
- Prior Art: Patents or applications disclosing similar chemical structures or therapeutic methods in South Korea and abroad (e.g., WO patents).
- Blocking Patents: Other filings by competitors aiming to secure rights on similar compounds or formulations, which could limit freedom to operate.
2. International Patent Family
SK Chemical's strategic patent filings may include equivalents in jurisdictions like China, Japan, and the US, forming an international patent family. These filings often share core claims or incremental modifications to adapt to regional patentability requirements.
3. Patent Citations
Examination reports and patent databases show citations to prior art documents, including:
- Earlier chemical compound patents with similar core structures.
- Pharmacological patents covering similar therapeutic mechanisms.
- Formulation patents addressing delivery challenges.
4. Patent Expiry and Lifecycle
Typically, pharmaceutical patents last 20 years from filing. Given the likely filing date (~2015-2016), patent KR101797936 will be enforceable until approximately 2035, subject to maintenance fees and possible patent term adjustments.
Implications for Industry and Innovation
The scope defined by KR101797936 provides SK Chemical with a protected competitive advantage in the domain of specific chemical entities or formulations. For competitors, understanding the precise claim language—including the boundaries of the chemical structure—is fundamental when designing around strategies or evaluating risks of infringement.
The patent's strategic breadth impacts:
- Market exclusivity in South Korea.
- Potential licensing opportunities for neighboring markets, depending on patent family coverage.
- Research and Development: Encourages innovation to design non-infringing derivatives or alternative compound classes.
Conclusion
KR101797936 exemplifies a targeted pharmaceutical patent that balances structural specificity with therapeutic application claims. Its robust claims structure, underpinned by detailed chemical disclosures, provides strong protection in South Korea’s competitive pharmaceutical landscape. The patent landscape surrounding this patent features prior art that likely informed its scope, and the patent remains a key asset for SK Chemical in defending its R&D investments.
Key Takeaways
- Claim Focus: Centered on a novel chemical compound or pharmaceutical composition with specific structural features and potential therapeutic applications.
- Scope Boundaries: Well-defined to prevent easy design-arounds while maintaining sufficient breadth for effective protection.
- Patent Landscape: Situated amidst a complex web of prior art, with potential equivalents in international markets.
- Strategic Value: Critical for SK Chemical’s market position, licensing opportunities, and research directions in South Korea and beyond.
- Legal Stability: Maintains enforceability until approximately 2035, contingent on maintenance.
FAQs
1. What are the typical elements of a Korean pharmaceutical patent claim?
Korean pharmaceutical patent claims generally include structural formulas for chemical compounds, methods of preparation, formulations, and therapeutic uses, often with dependent claims narrowing the scope.
2. How does KR101797936 compare with similar international patents?
It likely parallels international filings covering similar chemical classes or therapeutic methods. Variations in claim scope reflect regional patentability standards and strategic protections.
3. Can SK Chemical enforce this patent against generic manufacturers?
Yes, provided the infringing product falls within the claim scope, SK Chemical can initiate enforcement actions in South Korea. The enforceability depends on claim clarity and the absence of prior art invalidation.
4. What factors influence the patent's validity?
Key factors include novelty, inventive step, and clear claim definitions. Prior art disclosures and obviousness challenges are common grounds for patent invalidation.
5. How should companies navigate this patent landscape?
Companies should analyze claim language precisely, consider designing around the specific chemical structure, or seek licensing agreements if infringement risks are identified.
References
- Korean Intellectual Property Office (KIPO). Patent database records for KR101797936.
- SK Chemical Co., Ltd. Patent application disclosures and related literature.
- WIPO PATENTSCOPE and other international patent databases for family equivalents.
- Patent examination reports and citation analysis in patent offices.
- Industry analyses on pharmaceutical patent strategies in South Korea.
This comprehensive review aims to inform stakeholders on the strategic importance of KR101797936 within the evolving South Korean pharmaceutical patent landscape.
